April off payroll

[malvolio]

Is this only valid should he continue to work at the same place post the Monday meeting or is it a case that the role was always inside and therefore if HMRC were to do a retro then he'd have to cough up? Seems like we all want to avoid having a similar meeting only for our clients to bail on us and blanket IR35 just because it's the easiest thing for them to do. Better to leave on your own accord before any questions are asked of the role...

Are any of you leaving your clients on February 29th (i.e. for those that get invoiced month in arrears) and then looking forward to a two month break, possibly summer and then starting a search again?

If you are working as outside IR35 now, then move to an inside IR35 position as dictated by the client, and do not get a whole new contract correctly describing the new working arrangements, then you are wide open. Get a new contract to replace your current one and you will have a defence.

Or persuade your client you are outside anyway, so saving them 24-35% of their costs of retaining you as an inside IR35 resource.

[Dhrucku]

Or persuade your client you are outside anyway, so saving them 24-35% of their costs of retaining you as an inside IR35 resource.

Doubt this - most companies will just blanket you into a position rather than want to try and prove an outside agreement. Getting a company to play ball and increase your rate 20% to compensate will be an exceptional scenario.

[Andy2]

If you are working as outside IR35 now, then move to an inside IR35 position as dictated by the client, and do not get a whole new contract correctly describing the new working arrangements, then you are wide open. Get a new contract to replace your current one and you will have a defence.
.

If someone was working outside ir35 with a client and after march is moved into ir35, that will put the whole contract inside ir35 if there is any future investigation by hmrc as they can argue that the contract was inside ir35 to begin with.
To mitigate this risk change the client after march. Does anyone agree?

[northernladuk]

If someone was working outside ir35 with a client and after march is moved into ir35, that will put the whole contract inside ir35 if there is any future investigation by hmrc as they can argue that the contract was inside ir35 to begin with.
To mitigate this risk change the client after march. Does anyone agree?

Not really. Far too general that. Devil is in the details so should be considered on a case by case basis.

I do agree now is not the time to get all precious about clients and be prepared to leave rather than just accept it because you like working there.

[heyya99]

5th April being the cut off, extremely tight there sir.

Do you mind elaborating on what you are getting at here? The last day of my current contract is March 8th. I will invoice on 6th and be paid on 13th. Are you saying there is something to look out for?

[ladymuck]

Do you mind elaborating on what you are getting at here? The last day of my current contract is March 8th. I will invoice on 6th and be paid on 13th. Are you saying there is something to look out for?

If your current contract terms means you will receive payment after 5 April, and your client deems you inside then any payment received on or after 6 April will be treated as inside, i.e. subject to PAYE etc.

[heyya99]

If your current contract terms means you will receive payment after 5 April, and your client deems you inside then any payment received on or after 6 April will be treated as inside, i.e. subject to PAYE etc.

I see. Looks like I'm covered then. Thanks.

[ladymuck]

I see. Looks like I'm covered then. Thanks.

The cutting it fine reference infers that, should there be a payment hiccup and remittances are delayed, it could cost you a lot of money.

[Peoplesoft bloke]

I'm surprised no one has come across any "client" insurance for their potential liability since the client and I may share the cost of this if need be.

I have and I've posted links to it on this thread but no-one is reading them.

[ComplianceLady]

There are a few insurance products out there. Hiscox & Zurich both underwrite products. They are linked to a review and only the zurich product as far as I know doesn't include a prospect of sucess clause. You can obtain them directly or via an assessment tool - Qdos or Larsen Howie both come backed with insurance from the respective providers.